94 STAT. 1030 PUBLIC LAW 96-330—AUG. 26, 1980
Public Law 96-330
96th Congress
An Act
Aug. 26, 1980 To amend title 38, United States Code, to promote the recruitment and retention of
[H.R. 7102] physicians, dentists, nurses, and other health-care personnel in the Department of
Medicine and Surgery of the Veterans' Administration, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
Veterans' United States of America in Congress assembled. That (a) this Act
Administration may be cited as the "Veterans' Administration Health-Care Amend-
Health-Care
Amendments of ments of 1980".
1980. (b) Except as otherwise expressly provided, whenever in this Act an
38 u s e 101 note. amendment or repeal is expressed in terms of an amendment to, or
repeal of, a section or other provision, the reference shall be consid-
ered to be made to a section or other provision of title 38, United
States Code.
TITLE I—HEALTH-CARE PERSONNEL AMENDMENTS
PART A—PHYSICIANS AND DENTISTS SPECIAL PAY
PERMANENT AUTHORITY FOR PHYSICIANS AND DENTISTS
COMPARABILITY PAY
38 u s e 4104 SEC. 101. Section 6 of the Veterans' Administration Physician and
note. Dentist Pay Comparability Act of 1975 (Public Law 94-123; 38 U.S.C.
4118 note) is amended by striking out "(1)" the first and third places it
appears and by striking out paragraph (2) of subsection (a).
REVISION OF SPECIAL PAY FOR PHYSICIANS AND DENTISTS
38 u s e 4118. SEC. 102, (a)(1) Paragraph (1) of subsection (a) of section 4118 is
amended—
(A) by striking out "hereunder" and inserting in lieu thereof
"to carry out this section";
(B) by inserting "that (except as provided under subsection (d)
of this section) is" after "in an amount";
(C) bv striking out "$13,500 per annum" and "$6,750 per
annum and inserting in lieu thereof "$22,500 per annum" and
"$10,000 per annum", respectively;
(D) by inserting after "Department of Medicine and Surgery"
the second place it appears the following: "on a full-time basis (or
in the case of a physician employed on a part-time basis, a
proportional amount of the maximum amount that would be
paid under this section to such physician if such physician were
employed on a full-time basis, calculated on the basis of the
proportion which the part-time employment of such physician in
the Department of Medicine and Surgery bears to full-time
employment)"; and
(E) by inserting after "so employed" the following: "on a full-
time basis (or in the case of a dentist employed on a part-time
basis, a proportional amount of the maximum amount that
PUBLIC LAW 96-330—AUG. 26, 1980 94 STAT. 1031
would be paid under this section to such dentist if such dentist
were employed on a full-time basis, calculated on the basis of the
proportion which the part-time employment of such dentist in
the Department of Medicine and Surgery bears to full-time
employment)".
(2) Notwithstanding subsection (a)(2)(C) of section 4118 of title 38, 38 USC 4118
United States Code, special pay may be paid under such section to a "°^®-
physician or dentist employed by the Department of Medicine and
Surgery of the Veterans' Administration who is a reemployed annu-
itant if such physician or dentist was automatically separated before
September 30, 1978, under section 8335(a) of title 5, United States
Code, as in effect before such date, for having become 70 years of age.
(b) Subsection (b) of such section is amended by striking out 38 USC 4118.
"$5,000" both places it appears and inserting in lieu thereof "$7,000".
(c) Subsections (c) and (d) of such section are amended to read as
follows:
"(c)(1) In the case of eligible full-time physicians appointed under Incentive special
this chapter, the Administrator shall provide, in addition to the P^^i/ni^'^'™^
physicians.
primary special pay provided for in subsection (b)(2) of this section
and in accordance with regulations prescribed to carry out this
section, incentive special pay of not more than $15,500 to any eligible
physician. In prescribing such regulations to carry out this para-
graph, the Administrator shall take into account only the following
factors and may pay no more than the following per annum amounts
of incentive special pay to any full-time physician eligible therefor:
"(A)(i) For full-time status, $6,000.
"(ii) For tenure of service within the Department of Medicine
and Surgery—
"(I) of two years but less than five years, $1,000;
"(II) of five years but less than eight years, $2,000; and
"(III) of eight years or more, $3,000.
"(iii) For service in a medical specialty with respect to which
the Chief Medical Director has determined, pursuant to such
regulations, that there are extraordinary difficulties in the
recruitment or retention of qualified physicians, an amount (to
be determined by the Chief Medical Director pursuant to such
regulations) of not less than $4,000 nor more than $15,500.
"(B) For service—
"(i) as a Service Chief (or in a comparable position as
determined by the Chief Medical Director), $9,900;
"(ii) as a Chief of Staff or in an Executive Grade, $12,600;
"(iii) as a Deputy Service Director or in a Director Grade,
$13,000;
"(iv) as a Service Director, $13,500;
"(v) as a Deputy Assistant Chief Medical Director, $14,440;
or
"(vi) as an Associate Deputy Chief Medical Director or
Assistant Chief Medical Director, $15,300.
"(C) For—
"(i) specialty or first board certification, $2,000; or
"(ii) subspecialty or secondary board certification, $2,500.
"(D) For service (i) in a specific geographic location with
respect to which the Chief Medical Director has determined,
pursuant to such regulations, that there are extraordinary
difficulties in the recruitment or retention of qualified physi-
cians in the specific category of physicians, or (ii) in the Central
Office of the Department of Medicine and Surgery, an amount (to
94 STAT. 1032 PUBLIC LAW 96-330—AUG. 26, 1980
be determined by the Chief Medical Director pursuant to such
regulations) of not less than $2,000 nor more than $5,000.
Incentive special "(2) In the case of eligible full-time dentists appointed under this
pay for dentists. chapter, the Administrator shall provide, in addition to the primary
special pay provided for in subsection (b)(2) of this section and in
accordance with regulations prescribed to carry out this section,
incentive special pay of not more than $7,500 to any eligible dentist.
In prescribing such regulations to carry out this paragraph, the
Administrator shall take into account only the following factors and
may pay no more than the following per annum amounts of incentive
special pay to any full-time dentist eligible therefor:
"(A)(i) For full-time status, $1,000.
"(ii) For tenure of service within the Department of Medicine
and Surgery—
"(I) of two years but less than seven years, $500; and
"(II) of seven years or more, $1,000.
"(iii) For service in a dental specialty with respect to which the
Chief Medical Director has determined, pursuant to such regula-
tions, that there are extraordinary difficulties in the recruitment
or retention of qualified dentists, an amount (to be determined by
the Chief Medical Director pursuant to such regulations) of not
less than $2,000 nor more than $7,500.
"(B) For service—
"(i) as a Service Chief (or in a comparable position as
determined by the Chief Medical Director), $2,750;
"(ii) as a Chief of Staff or in an Executive Grade, $3,500;
"(iii) as a Deputy Service Director or in a Director Grade,
$3,625;
"(iv) as a Service Director, $3,750;
"(v) as a Deputy Assistant Chief Medical Director, $4,000,
or
"(vi) as an Assistant Chief Medical Director, $4,250.
"(C) For service in a specific geographic location with respect to
which the Chief Medical Director has determined, pursuant to
such regulations, that there are extraordinary difficulties in the
recruitment or retention of qualified dentists in the specific
category of dentists, an amount (to be determined by the Chief
Medical Director pursuant to such regulations) of not less than
$1,750 nor more than $2,500.
Incentive special "(3) In the case of eligible part-time physicians appointed under
pay for part-time this chapter, the Administrator shall provide, in addition to the
physicians.
primary special pay provided for in subsection (b)(3) of this section
and in accordance with regulations prescribed to carry out this
section, incentive special pay of not more than $15,500 to any eligible
physician. In prescribing such regulations to carry out this para-
graph, the Administrator shall take into account only the following
factors and may pay no more than a proportional amount of the
following per annum amounts of incentive special pay to any part-
time physician eligible therefor, which proportional amount shall be
calculated on the basis of the proportion which the part-time employ-
ment in the Department of Medicine and Surgery of such physician
bears to full-time employment:
"(A)(i) For tenure of service within the Department of Medi-
cine and Surgery—
"(I) of more than two years but less than five years, $750;
"(II) of five years but less than eight years, $1,500; and
"(III) of eight years or more, $2,250.
PUBLIC LAW 96-330—AUG. 26, 1980 94 STAT. 1033
"(ii) For service in a medical specialty with respect to which
the Chief Medical Director has determined, pursuant to such
regulations, that there are extraordinary difficulties in the
recruitment or retention of qualified physicians, an amount (to
be determined by the Chief Medical Director pursuant to such
regulations) of not less than $3,000 nor more than $12,375.
(B) For service—
"(i) as a Service Chief (or in a comparable position as
determined by the Chief Medical Director), $7,220; or
"(ii) as a Chief of Staff or in an Executive Grade, $9,190.
"(C) For—
"(i) specialty or first board certification, $1,500; or
"(ii) subspecialty or secondary board certification, $1,875.
"(D) For service (i) in a specific geographic location with
respect to which the Chief Medical Director has determined,
pursuant to such regulations, that there are extraordinary
difficulties in the recruitment or retention of qualified physi-
cians in the specific category 6f physicians, or (ii) in the Central
Office of the Department of Medicine and Surgery, an amount (to
be determined by the Chief Medical Director pursuant to such
regulations) of not less than $1,500 nor more than $4,000.
"(4) In the case of eligible part-time dentists appointed under this Incentive special
chapter, the Administrator shall provide, in addition to the primary pay for part-time
special pay provided for in subsection (b)(3) of this section and in dentists.
accordance with regulations prescribed to carry out this section,
incentive special pay of not more than $7,500 to any eligible dentist.
In prescribing such regulations to carry out this paragraph, the
Administrator shall take into account only the following factors and
may pay no more than a proportional amount of the following per
annum amounts of incentive special pay to any dentist eligible
therefor, which proportional amount shall be calculated on the basis
of the proportion which the part-time employment in the Depart-
ment of Medicine and Surgery of such dentist bears to full-time
employment:
"(A)(i) For tenure of service within the Department of Medi-
cine and Surgery—
"(I) of more than two years but less than seven years, $500;
and
"(II) of seven years or more, $1,000.
"(ii) For service in a dental specialty with respect to which the
Chief Medical Director has determined, pursuant to such regula-
tions, that there are extraordinary difficulties in the recruitment
or retention of qualified dentists, an amount (to be determined by
the Chief Medical Director pursuant to such regulations) of not
less than $1,500 nor more than $5,625.
"(B) For service—
"(i) as a Service Chief (or in a comparable position as
determined by the Chief Medical Director), $2,750; or
"(ii) as a Chief of Staff or in an Executive Grade, $3,500.
"(C) For service in a specific geographic location with respect to
which the Chief Medical Director has determined, pursuant to
such regulations, that there are extraordinary difficulties in the
recruitment or retention of qualified dentists in a specific cate-
gory of dentists, an amount (to be determined by the Chief
Medical Director pursuant to such regulations) of not less than
$1,310 nor more than $1,875.
"(5)(A) Except as provided in subparagraph (B) of this paragraph, a Exceptions
physician or dentist may not be provided incentive special pay under
94 STAT. 1034 PUBLIC LAW 96-330—AUG. 26, 1980
both clauses (A) and (B) of paragraph (1), (2), (3), or (4) (whichever is
applicable) of this subsection.
"(B)(i) A physician or dentist serving as a Service Chief (or in a
comparable position as determined by the Chief Medical Director) on
a full-time basis may be provided incentive special pay under sub-
clauses (i) and (iii) of clause (A) as well as under clause (B) of
paragraph (1) or (2) (whichever is applicable) of this subsection,
"(ii) A physician or dentist serving as a Chief of Staff on a full-time
basis may be provided incentive special pay under clause (A)(i) as well
as under clause (B) of paragraph (1) or (2) (whichever is applicable) of
this subsection.
"(d) In determining—
"(1) the total amount of special pay provided under this section
to any physician or dentist for the purpose of determining the
applicability to the special pay of such physician or dentist of the
limitation specified in subsection (a) of this section on the total
amount of such special pay; and
"(2) the total amount of incentive special pay provided under
subsection (c) of this section to any physician or dentist for the
purpose of determining the applicability to the incentive special
pay of such physician or dentist of the limitation specified in such
subsection on the total amount of such incentive special pay,
there shall be excluded any special pay provided to such physician or
dentist under subsection (c)(1)(D), (c)(2)(C), (c)(3)(D), or (c)(4)(C) of this
section for service in certain geographic locations.".
38 u s e 4118. (d) Subsection (e)(1) of such section is amended by striking out the
third sentence thereof.
Effective date. (e) The amendments made by this section shall apply with respect
38 u s e 4118 to pay periods beginning after December 31,1980.
note.
CREDITING OF SPECIAL PAY FOR RETIREMENT AND INSURANCE PURPOSES
38 u s e 4118. SEC. 103. (a) Section 4118(f) is amended—
(1) by striking out "Any" and inserting in lieu thereof "(1)
Except as provided in paragraph (2) of this subsection, any";
(2) by striking out "81, 83, or 87" and inserting in lieu thereof
"81 or 83"; and
(3) by adding at the end thereof the following new paragraphs:
Annuity "(2) Additional compensation paid as special pay under this section
computation. after September 30, 1980, to any full-time employee shall be included
5 u s e 8301 et in basic pay for purposes of chapter 83 of title 5. Notwithstanding the
seq. preceding sentence, special pay paid to any full-time employee after
September 30, 1980, shall be included in average pay, as defined in
5 u s e 8331. section 8331(4) of such title, for the purposes of computing an annuity
under such chapter only if—
"(A) the annuity is paid under section 8337 of title 5 or under
5 u s e 8341. subsection (d) or (e) of section 8341 of such title; or
"(B) the employee has completed not less than 15 years of full-
time service in the Department of Medicine and Surgery (except
that, regardless of the length of such employee's service, no
special pay may be included in average pay in computing an
annuity that commences before October 1, 1985, and only one-
half of any special pay paid after September 30, 1980, may be
included in average pay in computing an annuity that com-
mences on or after October 1, 1985, but before October 1, 1990).
"(3) Any additional compensation provided as special pay under
this section shall be considered as annual pay for the purposes of
PUBLIC LAW 96-330—AUG. 26, 1980 94 STAT. 1035
chapter 87 of title 5, relating to life insurance for Federal 5 u s e 8701 et
seq.
employees.".
(b)(1) Not later than January 1, 1981, the Administrator of Veter- Election of
ans' Affairs shall notify each employee of the Veterans' Administra- additional
compensation,
tion who on October 1, 1980, was a full-time physician or dentist in notification.
the Department of Medicine and Surgery of the provisions of para- 38 u s e 4118
graph (2) of section 4118(f) of title 38, United States Code, as added by note.
subsection (a), and include in such notice an explanation of the
provisions of such paragraph and of the right of such employee to
make an election under paragraph (2).
(2) Each employee described in paragraph (1) may elect not to have
additional compensation provided such employee as special pay
under section 4118 of such title included as basic pay (as provided for 38 u s e 4118.
under paragraph (2) of section 4118(f) of such title, as added by
subsection (a)) for purposes of chapter 83 of title 5, United States 5 u s e 8301 et
Code. Any such election shall be in writing and shall be transmitted seq.
to the Administrator of Veterans' Affairs not later than April 1,1981. Transmittal to
VA
Administrator.
REPORTS ON ADEQUACY OF SPECIAL PAY FOR PHYSICIANS AND DENTISTS
SEC. 104. (a) Section 4118 (as amended by sections 102 and 103) is 38 u s e 4118.
further amended by adding at the end the following new subsection:
"(g)(1) It is the policy of Congress to assure that the levels of total
pay for Veterans' Administration physicians and dentists are fixed at
levels reasonably comparable (A) with the levels of total pay of
physicians and dentists employed by or serving in other departments
and agencies of the Federal Government, and (B) with the income of
non-Federal physicians and dentists, so as to make possible the
recruitment and retention of a well-qualified employee work force of
physicians and dentists capable of providing quality care for eligible
veterans.
"(2) To assist the Congress and the President in carrying out the
policy stated in paragraph (1) of this subsection, the Administrator
shall—
"(A) define the bases for pay distinctions, if any, among various
categories of physicians and dentists, including between physi-
cians and dentists employed by the Veterans Administration
and physicians and dentists employed by other departments and
agencies of the Federal Government and between all Federal
sector and non-Federal sector physicians and dentists;
"(B) obtain measures of income from the employment or
practice of physicians and dentists in the non-Veterans' Adminis-
tration sector, including Federal and non-Federal sectors, for use
as guidelines for setting and periodically adjusting the amounts
of special pay for Veterans' Administration physicians and
dentists;
"(C) submit a report to the President, on such date as the Report to
President may designate but not later than December 31, 1982, President.
and once every two years thereafter, recommending appropriate
amounts of special pay to carry out the policy set forth in
paragraph (1) of this subsection with respect to the pay of
Veterans' Administration physicians and dentists; and
"(D) include in such recommendations, when considered appro-
priate and necessary by the Administrator, modifications of the
special pay levels set forth in this section (i) whenever the
Veterans' Administration is unable to recruit or retain a suffi-
cient work force of well-qualified physicians and dentists because
the incomes of non-Veterans' Administration physicians and
94 STAT. 1036 PUBLIC LAW 96-330—AUG. 26, 1980
dentists performing comparable types of duties are significantly
in excess of the levels of total pay (including basic pay and special
pay) of Veterans' Administration physicians and dentists, or (ii)
whenever other extraordinary circumstances are such that spe-
cial pay levels are needed to recruit or retain a sufficient number
of well-qualified physicians and dentists.
Presidential pay "(3) The President shall include in the Budget next transmitted to
recommendations, the Congress Under section 201 of the Budget and Accounting Act,
1921 (31 U.S.C. 11), after the submission of each report of the
Administrator under paragraph (2)(C) of this subsection recommen-
dations with respect to the exact rates of special pay for physicians
and dentists under this section.
Report to "(4) Not later than April 30 of each year, the Administrator shall
congressional submit to the Committees on Veterans' Affairs of the Senate and
committees.
House of Representatives a report regarding the implementation of
this section. Each such report shall include—
"(A) a review of the implementation of this section (including
the Administrator's and Chief Medical Director's actions, find-
ings, recommendations, and other activities under this section) to
date for the fiscal year during which the report is submitted and
for such portion of the preceding fiscal year as was not included
in the previous annual report; and
"(B) a plan in connection with the implementation of this
section for the remainder of the fiscal year during which the
report is submitted and for the succeeding fiscal year.".
Repeal. (b) Section 3 of the Veterans' Administration Physician and Dentist
38 u s e 4118 Pay Comparability Act of 1975 (Public Law 94-123; 89 Stat. 673) is
note.
repealed.
HEALTH-CARE PROFESSIONALS AND DIRECTORS OF MEDICAL FACILITIES
EXEMPTED FROM SENIOR EXECUTIVE SERVICE
38 u s e 4101. S E C 105. (a) Section 4101 is amended by adding at the end thereof
the following new subsection:
"(e) Physicians, dentists, nurses, and other health-care professionals
employed by the Department of Medicine and Surgery and appointed
38 u s e 4103, under section 4103, 4104(1), or 4114 of this chapter and persons
4104, 4114. appointed under section 4103(a)(8) of this chapter are not subject to the
5 u s e 3133 note. provisions of section 413 of the Civil Service Reform Act of 1978 or the
following provisions of title 5: subchapter II of chapter 31, subchapter
VIII of chapter 33, subchapter V of chapter 35, subchapter II of chapter
43, section 4507, subchapter VIII of chapter 53, and subchapter V of
5 use 3131, chapter 75.".
3391, 3591, 4311, (b) Section 4103(a) is amended by redesignating clause (8) as clause
4507, 5381, 7541.
38 use 4103. (9) and by inserting after clause (7) the following new clause (8):
"(8) Such directors of hospitals, domiciliary facilities, medical
centers, and outpatient facilities as may be appointed by the
Administrator upon the recommendation of the Chief Medical
Director.".
38 u s e 4107. (c) Section 4107(c) is amended by inserting "(1)" after "(c)" and by
adding at the end the following new paragraphs:
"(2) Notwithstanding any other provision of this title, the terms
and conditions of employment of any person to whom paragraph (1) of
this subsection applies shall (except as provided in paragraph (3) of
this subsection) be the same as those applicable under this title to a
physician serving as a director of a hospital, domiciliary faciUty,
medical center, or outpatient facility.
PUBLIC LAW 96-330—AUG. 26, 1980 94 STAT. 1037
"(3) Notwithstanding the provisions of section 4101(e) of this title, ^"^«' P 1036.
any person to whom paragraph (1) of this subsection applies shall be
deemed to be a career appointee for the purposes of section 4507 of
title 5.".
PART B—MISCELLANEOUS IMPROVEMENTS IN PERSONNEL
ADMINISTRATION
RATES OF PAY FOR TRAVEL AND OVERTIME FOR NURSES
SEC. 111. Section 4107(e) is amended— 38 USC 4107.
(1) by adding at the end of paragraph (5) the following new
sentence: "For the purposes of this paragraph, the period of a
nurse's officially ordered or approved travel away from such
nurse's duty station may not be considered to be hours of service
unless—
"(A) such travel occurs during such nurse's tour of duty; or
"(B) such travel (i) involves the performance of services
while traveling, (ii) is incident to travel that involves the
performance of services while traveling, (iii) is carried out
under arduous conditions as determined by the Administra-
tor, or (iv) results from an event which could not be sched-
uled or controlled administratively.";
(2) by inserting "or on a holiday designated by Federal statute
or Executive order" in paragraph (8) after "regular hours"; and
(3) by adding at the end the following new paragraph:
"(10) Notwithstanding any other provision of law, if the Adminis-
trator determines it to be necessary in order to obtain or retain the
services of nurses entitled to additional pay under this subsection, the
Administrator may increase the amount of additional pay authorized
under this subsection to be paid to nurses at any specific Veterans'
Administration health-care facility in order to provide additional pay
in an amount competitive with, but not exceeding, the amount of the
same type of pay that is paid to the same category of nurses at non-
Federal health-care facilities in the same geographic area as such
Veterans' Administration health-care facility (as determined by a
reasonably representative sampling of such non-Federal facilities).".
ADMINISTRATIVE ADJUSTMENTS IN RATES OF BASIC PAY
SEC. 112. Section 4107 is amended by adding at the end the
following new subsection:
"(g)(1) Notwithstanding any other provision of law but subject to
paragraphs (2), (3), and (4) of this subsection, when the Administrator
determines it to be necessary in order to obtain or retain the
services—
"(A) of physicians, dentists, podiatrists, optometrists, nurses,
physician assistants, or expanded-function dental auxiliaries
appointed under this subchapter; or
'(B) of health-care personnel who—
"(i) are employed in the Department of Medicine and
Surgery (other than administrative, clerical, and physical
plant maintenance and protective services employees);
"(ii) are paid under the General Schedule pursuant to
section 5332 of title 5;
"(iii) are determined by the Administrator to be providing
either direct patient-care services or services incident to
direct patient-care services; and
94 STAT. 1038 PUBLIC LAW 96-330—AUG. 26, 1980
"(iv) would not otherwise be available to provide medical
care and treatment for veterans,
Basic pay rate the Administrator may increase the minimum, intermediate, or
increase. maximum rates of basic pay authorized under applicable statutes and
regulations. Any increase in such rates of basic pay may be made on a
nationwide, local, or other geographic basis, for one or more of the
grades listed in the schedules in subsection (b)(1) of this section, for
one or more of the health personnel fields within such grades, or for
one or more of the grades of the General Schedule under section 5332
5 u s e 5332. of such title.
"(2) Increases in rates of basic pay may be made under paragraph
(1) of this subsection only in order—
"(A) to provide pay in an amount competitive with, but not
exceeding, the amount of the same type of pay paid to the same
category of health-care personnel at non-Federal health-care
facilities in the same labor market;
"(B) to achieve adequate staffing at particular facilities; or
"(C) to recruit personnel with specialized skills, especially
those with skills which are especially difficult or demanding.
"(3) The amount of any increase under paragraph (1) of this
subsection in the maximum rate for any grade may not (except in the
case of nurse anesthetists) exceed the amount by which the maximum
for such grade (under applicable provisions of law other than this
subsection) exceeds the minimum for such grade (under applicable
provisions of law other than this subsection), and the maximum rate
as so increased may not exceed the rate paid for individuals serving
as Assistant Chief Medical Director.
Increase denial. "(4) In the exercise of the authority provided in paragraph (1) of
this subsection to increase the rates of basic pay for any category of
personnel not appointed under this subchapter, the Administrator
shall, not less than ninety days prior to the effective date of a
proposed increase, notify the President of the Administrator's inten-
tion to provide such an increase. If, prior to such effective date, the
President disapproves such increase and provides the appropriate
committees of the Congress with a written statement of the Presi-
dent's reasons for such disapproval, such proposed increase shall not
take effect.".
CHIEFS OF STAFF REQUIRED TO BE EMPLOYED ON A FULL-TIME BASIS
38 u s e 4108. SEC. 113. (a) Section 4108 is amended by striking out subsections (b)
and (c) and inserting in lieu thereof the following:
"(b) Any person serving as a Chief of Staff of a Veterans' Adminis-
tration health-care facility shall be appointed on a full-time basis.
"(c) As used in this section:
"Affiliated "(1) The term 'affiliated institution' means any medical school
institution." or other institution of higher learning with which the Adminis-
trator has a contract or agreement as referred to in section
Post, p. 1039. 4112(b) of this title for the training or education of health
personnel.
' 'Remuneration.' "(2) The term 'remuneration' means the receipt of any amount
of monetary benefit from any non-Veterans' Administration
source in payment for carrying out any professional
responsibilities.'.
38 u s e 4108 (b) Any individual who on the date of the enactment of this Act is
note. serving as a Chief of Staff of a Veterans' Administration health-care
facility on less than full-time basis may continue to serve in that
capacity on a part-time basis so long as such individual's proportion
PUBLIC LAW 96-330—AUG. 26, 1980 94 STAT. 1039
of full-time service is not less than the proportion of full-time service
in which such individual was serving on such date of enactment.
RETIREMENT CREDIT FOR PART-TIME EMPLOYEES
SEC. 114. The text of section 4109 is amended to read as follows: ^^ use 4109.
"(a) Except as provided in subsection (b) of this section, persons
appointed to the Department of Medicine and Surgery shall be
subject to the provisions of and entitled to benefits under chapter 83
of t i t l e 5. 5 u s e 8301 e^
"(b) Notwithstanding any other provision of law, an individual ^^^•
retiring on or after October 1, 1981, who served at any time in a
position in the Department of Medicine and Surgery to which such
individual was appointed under this subchapter shall receive service
credit for purposes of section 8339 of title 5 for any period of service in
such Department served on less than a full-time basis on a propor-
tionate basis equal to the fraction that such service bears to full-time
service. In computing the annuity of any individual whose service is
so credited, the full annual rate of basic pay shall be deemed to be the
individual's rate of basic pay for the purpose of determining average
pay, as defined by section 8331(4) of title 5.".
V E T E R A N S ' ADMINISTRATION REPRESENTATIVES ON DEANS' COMMITTEES
SEC. 115. Section 4112(b) is amended by inserting "(including 38 use 4112.
appropriate representation from the full-time staff)" after "Veterans'
Administration".
RELATIONSHIP BETWEEN TITLE 38 MEDICAL PERSONNEL SYSTEM
PROVISIONS AND OTHER PROVISIONS OF LAW
SEC. 116. (a)(1) Subchapter I of chapter 73, as amended by section
116, is amended by adding at the end thereof the following new
section:
"§4119. Relationship between this subchapter and other provi- 38 u s e 4119.
sions of law
"Notwithstanding any other provision of law, no provision of title 5
or any other law pertaining to the civil service system which is
inconsistent with any provision of this subchapter shall be considered
to supersede, override, or otherwise modify such provision of this
subchapter except to the extent that such provision of title 5 or of
such other law specifically provides, by specific reference to a
provision of this subchapter, for such provision to be superseded,
overridden, or otherwise modified.".
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 4118 the
following new item:
"4119. Relationship between this subchapter and other provisions of law.".
(b) Section 4114 is amended by adding at the end thereof the 38 use 4ii4.
following new subsection:
"(g) In accordance with the provisions of section 4119 of this title, Supra.
the provisions of chapter 34 of title 5 shall not apply to part-time 5 use 3401 et
appointments under this section.". ^^'^
79-194 O—81—pt, 1 69 : QL3
94 STAT. 1040 PUBLIC LAW 96-330—AUG. 26, 1980
STUDY OF PERSONNEL NEEDS OF VETERANS ADMINISTRATION HEALTH-
CARE SYSTEM
SEC. 117. (a) In order to evaluate the need for, and the likely impact
on the ability of the Veterans' Administration to meet most effec-
tively the personnel needs of the Veterans' Administration health-
care program of, the conversion or non-conversion of employees of the
Veterans' Administration's Department of Medicine and Surgery
who are providing direct patient-care services or services incident to
direct patient-care services (as determined by the Administrator of
Veterans' Affairs for the purposes of paragraph (1) of section 4107(g)
of title 38, United States Code, as added by section 112) to the pay
schedules and other administrative provisions of chapter 73 of title
38 u s e 4101 et 38, United States Code, the Administrator of Veterans' Affairs shall
seq. conduct a study to determine (1) which, if any, of the categories of
such employees should be so converted in order to improve patient
care, alleviate recruitment and retention problems regarding such
personnel, and improve employee morale, and (2) the desirability of
making any such categories of personnel which are not so converted
eligible for premium pay under the new paragraph (10) which would
have been added to section 4107(e) of such title by the amendment of
Ante, p. 1030. the Senate to the bill H.R. 7102, Ninety-sixth Congress, agreed to by
the Senate on June 5,1980, and the impact of making such categories
of personnel eligible for such pay under such paragraph.
Report to (b) Not later than the end of the eighteen-month period beginning
congressional on the date of the enactment of this Act, the Administrator of
committees.
Veterans' Affairs shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives a report on the
results of such study, together with any recommendations for admin-
istrative or legislative action, or both, that the Administrator consid-
ers appropriate based on the results of such study and other pertinent
information.
STUDY AND PILOT PROGRAM ON NURSE RECRUITMENT AND RETENTION
38 u s e 4104 SEC. 118. (a) In order to evaluate the effectiveness of various actions
note. in enabling the Veterans' Administration to recruit and retain
sufficient qualified nursing personnel (including licensed practical or
vocational nurses and nursing assistants) capable of providing qual-
ity care for eligible veterans in Veterans' Administration health-care
facilities, the Administrator of Veterans' Affairs, in consultation
with the Chief Medical Director of the Veterans' Administration,
shall conduct a pilot program and study for a period of not less than
twenty-four and not more than thirty-six months, in not less than six
geographic areas in which the Veterans' Administration has experi-
enced difficulties in recruiting and retaining such sufficient qualified
personnel. In the course of such study, the Administrator shall take
various administrative actions to overcome such difficulties.
Report to (b) Not later than the end of the forty-two-month period beginning
Congress. on the date of the enactment of this Act, the Administrator of
Veterans' Affairs shall submit to the Congress a report on the results
of such program and study, including an evaluation of the cost factors
associated with each alternative administrative action on an annual
basis and the impact on the recruitment and retention of nursing
personnel at each facility involved, together with any recommenda-
tions for administrative or legislative action, or both, that the
Administrator considers appropriate based on the results of such
program and study and other pertinent information.
PUBLIC LAW 96-330—AUG. 26, 1980 94 STAT. 1041
(c) The Administrator of Veterans' Affairs shall submit a report on Report to
congressional
the implementation of such program and the progress of such study committees.
to the Committees on Veterans Affairs of the Senate and House of
Representatives not later than six months after the date of the
enactment of this Act. Such report shall include a report on the
formulation of regulations to carry out such program and on the
status of the implementation of such program.
TITLE II—VETERANS' ADMINISTRATION HEALTH
PROFESSIONAL SCHOLARSHIP PROGRAM
ESTABLISHMENT OF HEALTH PROFESSIONAL SCHOLARSHIP PROGRAM
SEC. 201. (a)(1) Chapter 73 is amended by adding at the end thereof
the following new subchapter:
"SUBCHAPTER IV-VETERANS' ADMINISTRATION HEALTH
PROFESSIONAL SCHOLARSHIP PROGRAM
"§ 4141. Establishment of program; purpose; duration 38 u s e 4141.
"(a) There is hereby established a program to be known as the
Veterans' Administration Health Professional Scholarship Program
(hereinafter in this subchapter referred to as the 'Scholarship Pro-
gram'). The purpose of the Scholarship Program is to assist in
providing an adequate supply of trained physicians and nurses for the
Veterans' Administration and for the Nation and, if needed by the
Veterans' Administration, other health-care professionals appointed
under subchapter I of this chapter. 38 u s e 4101.
"(b) The Administrator may not furnish scholarships to new
participants in the Scholarship Program after the last day of the
tenth fiscal year beginning after the first such scholarship is
approved by the Administrator.
"§4142. Eligibility; application; written contract 38 u s e 4142.
"(a) To be eligible to participate in the Scholarship Program, an
individual must—
"(1) be accepted for enrollment, or be enrolled, as a full-time
student (A) in an accredited (as determined by the Administra-
tor) educational institution in a State, and (B) in a course of
training offered by such institution and approved by the Admin-
istrator, leading to a degree in medicine, osteopathy, dentistry,
podiatry, optometry, or nursing or a course of training to become
a physician assistant or expanded-function dental auxiliary;
"(2) submit an application to the Administrator for participa-
tion in the Scholarship Program;
"(3) sign and submit to the Administrator, at the time of
submission of such application, a written contract (described in
subsection (e) of this section) to accept payment of a scholarship
and to serve a period of obligated service as provided in section
4143 of this title; and
"(4) at the time of submission of such application, not be
obligated under any other Federal program to perform service
after completion of the course of study or program of such
individual referred to in clause (1) of this subsection.
"(b)(1) In distributing application forms and contract forms to Application and
individuals desiring to participate in the Scholarship Program, the contract forms.
Administrator shall include with such forms—
94 STAT. 1042 PUBLIC LAW 96-330—AUG. 26, 1980
"(A) a fair summary of the rights and Habilities of an individ-
ual whose application is approved (and whose contract is ac-
cepted) by the Administrator, including in the summary a clear
explanation of the damages to which the United States is entitled
under section 4144 of this title if the individual breaches the
contract; and
"(B) a full description of the terms and conditions that would
apply to the individual's participation in the Scholarship Pro-
gram and service in the Department of Medicine and Surgery.
"(2) The Administrator shall make such application forms, contract
forms, and other information available to individuals desiring to
participate in the Scholarship Program on a date sufficiently early to
allow such individuals adequate time to prepare and submit such
forms.
Selections. "(c)(1) In selecting applicants for acceptance in the Scholarship
Program, the Administrator shall give priority to the applications of
individuals who have previously received scholarships under the
Scholarship Program.
Scholarship "(2) Before awarding the initial scholarship in any course of
award, training other than in medicine or nursing, the Administrator, not
notification of
congressional less than 60 days before awarding such scholarship, shall notify the
committees. Committees on Veterans' Affairs of the Senate and House of Repre-
sentatives of the Administrator's intent to award a scholarship in
such course of training and of the reasons why the award of
scholarships in such course of training is necessary to assist in
providing for the Veterans' Administration an adequate supply of
personnel in the health profession concerned.
"(d)(1) An individual becomes a participant in the Scholarship
Program only upon the Administrator's approval of the individual's
application submitted under subsection (a)(2) of this section and the
Administrator's acceptance of the contract signed by the individual
under subsection (a)(3) of this section.
"(2) The Administrator shall provide written notice to an individ-
ual promptly upon the Administrator's approval under paragraph (1)
of this subsection of the individual's participation in the Scholarship
Program.
Written "(e) The written contract (referred to in this subchapter) between
contract, the Administrator and a participant in the Scholarship Program
contents.
shall contain—
"(1) an agreement that—
"(A) subject to clause (2) of this subsection, the Adminis-
trator agrees (i) to provide the participant with a scholarship
(described in subsection (f) of this section) for from one to
four school years during which period the participant is
pursuing a course of training described in subsection (a)(1)(B)
of this section, and (ii) to afford the participant the opportu-
nity for employment in the Department of Medicine and
Surgery (subject to the availability of appropriated funds for
such purpose and other qualifications established in accord-
38 u s e 4105. ance with section 4105 of this title); and
Participant "(B) subject to clause (2) of this subsection, the participant
agreement. agrees—
"(i) to accept such a scholarship;
"(ii) to maintain enrollment and attendance in a
course of training described in subsection (a)(1)(B) of this
section until the participant completes the course of
training;
PUBLIC LAW 96-330—AUG. 26, 1980 94 STAT. 1043
"(iii) while enrolled in such course of training, to
maintain an acceptable level of academic standing (as
determined by the educational institution offering such
course of training under regulations prescribed by the
Administrator);
"(iv) to serve as a full-time employee in the Depart-
ment of Medicine and Surgery for a period of time
(hereinafter in this subchapter referred to as the 'period
of obligated service') equal to the greater of—
"(I) one calendar year for each school year for
which the participant was provided a scholarship
under the Scholarship Program, or
"(ID two calendar years; and
"(v) if the participant's period of obligated service is
deferred under section 4143(b)(3)(A) of this title, to serve
any additional period of obligated service prescribed by
the Administrator under section 4143(b)(4)(B) of this
title;
"(2) a provision that any financial obligation of the United
States arising out of a contract entered into under this sub-
chapter, and any obligation of the participant which is condi-
tioned thereon, is contingent upon funds being appropriated for
scholarships under this subchapter;
"(3) a statement of the damages to which the United States is
entitled under section 4144 of this title for the participant's
breach of the contract; and
"(4) such other statements of the rights and liabilities of the
Administrator and of the participant as may be appropriate and
consistent with the provisions of this subchapter.
"(f)(1) A scholarship provided to a participant in the Scholarship Scholarships.
Program for a school year under a written contract under the
Scholarship Program shall consist of—
"(A) payment to, or (in accordance with paragraph (2) of this
subsection) on behalf of, the participant of the amount of—
"(i) the tuition of the participant in such school year; and
"(ii) other reasonable educational expenses, including fees,
books, and laboratory expenses; and
"(B) payment to the participant of a stipend of not in excess of Monthly
$485 per month (adjusted in accordance with paragraph (3) of this stipend.
subsection) for each of the 12 consecutive months beginning with
the first month of such school year.
"(2) The Administrator may contract with an educational institu-
tion in which a participant in the Scholarship Program is enrolled for
the payment to the educational institution of the amounts of tuition
and other reasonable educational expenses described in paragraph
(1)(A) of this subsection. Payment to such an educational institution
may be made without regard to section 3648 of the Revised Statutes of
the United States (31 U.S.C. 529).
"(3) The amount of the monthly stipend, specified in paragraph Stipend
(1)(B) of this subsection and as previously adjusted (if at all) in increases.
accordance with this paragraph, shall be increased by the Adminis-
trator for each school year ending in a fiscal year beginning after
September 30, 1980, by an amount (rounded to the next highest
multiple of $1) equal to the amount of such stipend multiplied by the
overall percentage (as set forth in the report transmitted to the
Congress under section 5305 of title 5) of the adjustment (if such
adjustment is an increase) in the rates of pay under the General
94 STAT. 1044 PUBLIC LAW 96-330—AUG. 26, 1980
Schedule made effective in the fiscal year in which such school year
ends.
"(g) Notwithstanding any other provision of law, participants in
the Scholarship Program shall not be considered to be employees of
the Federal Government and shall not be counted against any
employment ceiling affecting the Department of Medicine and Sur-
gery while they are undergoing a course of training prior to engaging
in deferred internship, residency, or other advanced clinical training.
Report to "(h) The Administrator shall report to Congress not later than
Congress. March 1 of each year—
"(1) the number of students receiving scholarships under the
Scholarship Program and the number of students enrolled in
each type of health profession training;
"(2) the educational institutions providing such training;
"(3) the number of applications filed, by health profession
category, under this section during the school year beginning in
such year and the total number of such applications so filed for
all years in which the Scholarship Program has been in
existence;
"(4) the number of scholarships accepted, by health profession
category, during such school year and the number, by health
profession category, which were offered and not accepted,
together with a summary of the reasons that such scholarships
were not accepted; and
"(5) the amount of tuition and other expenses paid, by health
profession category, in the aggregate and at each educational
institution for the school year beginning in such year and for
prior school years.
Regulations. "(i) The Administrator shall prescribe regulations to carry out the
Scholarship Program.
38 u s e 4143. "§4143. Obligated service
"(a) Each participant in the Scholarship Program shall provide
service in the full-time clinical practice of such participant's profes-
sion or in another health-care position, in an assignment or location
as determined by the Administrator, as a full-time employee of the
Veterans' Administration for the period of obligated service provided
in the contract of such participant entered into under section 4142 of
this title.
"(b)(1) Not later than 60 days prior to the date described in
paragraph (3) of this subsection with respect to a participant in the
Scholarship Program, the Administrator shall notify the participant
of the date described in such paragraph for the beginning of such
participant's period of obligated service.
"(2) The Administrator shall appoint each participant in the
Department of Medicine and Surgery as soon as possible after the
date described in paragraph (3) of this subsection.
Deferral. "(3)(A)(i) With respect to a participant receiving a degree from a
school of medicine, osteopathy, dentistry, optometry, or podiatry, the
date for the beginning of the participant's period of obligated service
is the date upon which the participant becomes licensed to practice
medicine, osteopathy, dentistry, optometry, or podiatry, as the case
may be, in a State, except that the Administrator may, at the request
of such participant, defer such date until the end of the period of time
required for the participant to complete an internship or residency or
other advanced clinical training. If the participant requests such a
deferral, the Administrator shall notify the participant that such
PUBLIC LAW 96-330—AUG. 26, 1980 94 STAT. 1045
deferral could lead to an additional period of obligated service in
accordance with paragraph (4) of this subsection.
"(ii) No such period of internship or residency or other advanced
clinical training shall be counted toward satisfying a period of
obligated service under this subchapter.
"(B) With respect to a participant receiving a degree from a school
of nursing, the date for the beginning of the participant's period of
obligated service is the date upon which the participant becomes
registered as a graduate nurse in a State.
"(C) With respect to a participant receiving a degree from an
institution other than a school of medicine, osteopathy, dentistry,
optometry, podiatry, or nursing, the date for the beginning of the
participant's period of obligated service is the date upon which the
participant completes the course of training leading to such degree.
"(4) Any participant whose period of obligated service is deferred
under paragraph (3)(A) of this subsection—
"(A) shall be required to undertake internship or residency or
other advanced clinical training in an accredited program in an
educational institution which is an affiliated institution (as
defined in section 4108(c)(1) of this title) and with respect to ^"^^' P- 1038.
which the affiliation agreement provides that all or part of the
internship or residency or other advanced clinical training will
be undertaken in a Veterans' Administration health-care facil-
ity; and
"(B) may, at the discretion of the Administrator and upon the
recommendation of the Chief Medical Director, incur an addi-
tional period of obligated service—
"(i) at the rate of one-half of a calendar year for each year
of internship or residency or other advanced clinical train-
ing (or a proportionate ratio thereof), if the internship,
residency, or advanced clinical training is in a medical
specialty necessary to meet the health care requirements
of the Veterans' Administration (as determined under regu-
lations prescribed by the Administrator); or
"(ii) at the rate of three-quarters of a calendar year for
each year of internship or residency or other advanced
clinical training (or a proportionate ratio thereof), if the
internship, residency, or advanced clinical training is not in
a medical specialty necessary to meet the health care re-
quirements of the Veterans' Administration (as determined
under regulations prescribed by the Administrator).
"(c) A participant in the Scholarship Program shall be considered
to have begun serving a period of obligated service on the date such
participant, in accordance with subsection (a) of this section, is
appointed under this chapter as a full-time employee in the Depart-
ment of Medicine and Surgery,
"§ 4144. Breach of contract; liability; waiver 38 USC 4144.
"(a) A participant in the Scholarship Program (other than a
participant described in subsection (b) of this section) who fails to
accept payment, or instructs the educational institution in which the
participant is enrolled not to accept payment, in whole or in part, of a
scholarship under the contract entered into under section 4142 of this
title, shall, in addition to any period of obligated service or other
obligation or liability under the contract, be liable to the United
States for the amount of $1,500 as liquidated damages.
"(b) A participant in the Scholarship Program who—
94 STAT. 1046 PUBLIC LAW 96-330—AUG. 26, 1980
"(1) fails to maintain an acceptable level of academic standing
in the educational institution in which the participant is enrolled
(such level determined by the educational institution under
regulations prescribed by the Administrator);
"(2) is dismissed from such educational institution for discipli-
nary reasons;
"(3) voluntarily terminates the course of training in such
educational institution before the completion of such course of
training; or
"(4) fails to become licensed to practice medicine, osteopathy,
dentistry, podiatry, or optometry in a State, fails to become
registered as a graduate nurse in a State, or fails to meet any
applicable licensure requirement in the case of a physician
assistant or expanded-function dental auxiliary, during a period
of time determined under regulations prescribed by the
Administrator;
in lieu of any service obligation arising under such contract, shall be
liable to the United States for the amount which has been paid to or
on behalf of the participant under the contract.
Payment of "(c) If a participant in the Scholarship Program breaches the
damages. written contract by failing (for any reason) to complete such partici-
pant's period of obligated service, the United States shall be entitled
to recover from the participant an amount determined in accordance
with the following formula:
A = 3<J)
(^)
in which 'A' is the amount the United States is entitled to recover; >'
is the sum of the amounts paid under this subchapter or on behalf of
the participant and the interest on such amounts which would be
payable if at the time the amounts were paid they were loans bearing
interest at the maximum legal prevailing rate, as determined by the
Treasurer of the United States; 't' is the total number of months in
the participant's period of obligated service, including any additional
period of obligated service in accordance with section 4143(b)(4)(B) of
this subchapter; and 's' is the number of months of such period served
by the participant in accordance with section 4143 of this title. Any
amount of damages which the United States is entitled to recover
under this section will, within the one-year period beginning on the
date of the breach of the written contract, be paid to the United
States.
Death of "(d)(1) Any obligation under the Scholarship Program (or a written
participant. contract thereunder) of a participant in the Scholarship Program for
service or payment of damages shall be canceled upon the death of
the participant.
Regulations. "(2) The Administrator shall prescribe regulations providing for
the waiver or suspension of any obligation of a participant for service
or payment under such Program (or a contract thereunder) whenever
compliance by the participant is impossible due to circumstances
beyond the control of the participant or whenever the Administrator
determines that the waiver or suspension of compliance would be in
the best interest of the Veterans' Administration.
Contract release. "(3) Any obligation of a participant under such Program (or a
contract thereunder) for payment of damages may not be released by
11 u s e 101. a discharge in bankruptcy under title 11 before the expiration of the
five-year period beginning on the first date that payment of such
damages is due.
PUBLIC LAW 96-330—AUG. 26, 1980 94 STAT. 1047
"(e) The Administrator, in cooperation with and with the consent of
the heads of other relevant departments and agencies and with the
consent of the participant or individual involved, may permit—
"(1) any period of obligated service required to be performed
under this subchapter to be performed in another Federal
department or agency or in the Armed Forces; and
"(2) any period of obligated service required to be performed in
another Federal department or agency or in the Armed Forces
under another Federal health personnel scholarship program to
be performed in the Department of Medicine and Surgery.
"§4145. Exemption of scholarship payments from taxation 38 u s e 4145.
"Notwithstanding any other law, any payment to, or on behalf of,
a participant in the Scholarship Program for tuition, education
expenses, or a stipend under this subchapter shall be exempt from
taxation.
"§ 4146, Program subject to availability of appropriations 38 u s e 4146.
"The authority of the Administrator to make payments under this
subchapter is effective for any fiscal year only to the extent that
appropriated funds are available for such purposes.".
(2) The table of sections at the beginning of such chapter is
amended by adding at the end thereof the following:
"SUBCHAPTER IV—VETERANS' ADMINISTRATION HEALTH PROFESSIONAL
SCHOLARSHIP PROGRAM
"Sec.
"4141. Establishment of program; purpose; duration.
"4142. Eligibility; application; written contract.
"4143. Obligated service.
"4144. Breach of contract; liability; waiver.
"4145. Exemption of scholarship payments from taxation.
"4146. Program subject to availability of appropriations.".
(b) Effective October 1, 1980, there are authorized to be appropri- Effective date.
ated such sums as may be necessary to carry out the program note. 38 u s e 4146
established by the amendments made by subsection (a).
LIMITATION ON SPECIAL PAY TO PERSONS SERVING OBLIGATED SERVICE
UNDER THE SCHOLARSHIP PROGRAM
SEC. 202. Section 4118 (as amended by sections 102,103, and 104) is Ante, p. 1035.
further amended by adding at the end thereof the following new
subsection:
"(h) A physician or dentist serving a period of obligated service
pursuant to subchapter IV of this chapter is not eligible for incentive Ante, p. 1041.
special pay under this section during the first three years of such
obligated service and may only be paid primary special pay under
this section at the discretion of the Administrator upon the recom-
mendation of the Chief Medical Director.".
REPORT ON IMPLEMENTATION OF SCHOLARSHIP PROGRAM
SEC. 203. The Administrator of Veterans' Affairs shall submit a Report to
report on the implementation of the Veterans' Administration congressional
Health Professional Scholarship Program to the Committees on committees.
Veterans' Affairs of the Senate and House of Representatives not
later than six months after the date of the enactment of this Act.
Such report shall include a report on the formulation of regulations
94 STAT. 1048 PUBLIC LAW 96-330—AUG. 26, 1980
to carry out such program and on the status of the implementation of
such program.
TITLE III-GERIATIC RESEARCH AND CARE
PURPOSE
38 use 4101 SEC. 301. The purposes of this title are (1) to improve and expand
"°*^ the capability of Veterans' Administration health-care facilities to
respond with the most effective and appropriate services possible to
the medical, psychological and social needs of the increasing number
of older veterans, and (2) to advance scientific knowledge regarding
such needs and the methods of meeting them by facilitating higher
quality geriatric care for eligible older veterans through geriatric and
gerontological research, the training of health personnel in the
provision of health care to older individuals, and the development of
improved models of clinical services for eligible older veterans.
CENTERS OF GERIATRIC RESEARCH, EDUCATION, AND CLINICAL
ACTIVITIES
Ante, p. 1036. SEC. 302. Section 4101, as amended by section 105(a), is amended by
adding at the end the following new subsection:
"(f)(1)(A) The Administrator, upon the recommendation of the
Chief Medical Director and pursuant to the provisions of this subsec-
tion, shall designate not more than fifteen Veterans' Administration
health-care facilities as the locations for centers of geriatric research,
education, and clinical activities and (subject to the appropriation of
sufficient funds for such purpose) shall establish and operate such
centers at such locations in accordance with this subsection.
"(B) In designating locations for centers under subparagraph (A) of
this paragraph, the Administrator, upon the recommendation of the
ChiefMedical Director, shall—
"(i) designate each Veterans' Administration health-care fa-
cility that on the date of the enactment of the Veterans' Adminis-
tration Health-Care Amendments of 1980 is operating a geriatric
research, education, and clinical center unless, on the recommen-
dation of the Chief Medical Director, the Administrator deter-
mines that such facility does not meet the requirements of
subparagraph (C) of this paragraph or has not demonstrated
effectiveness in carrying out the established purposes of such
center or the purposes of title III of the Veterans' Administration
Supra. Health-Care Amendments of 1980 or the potential to carry out
such purposes effectively in the reasonably foreseeable future;
and
"(ii) assure appropriate geographic distribution of such
facilities.
"(C) The Administrator may not designate any health-care facility
as a location for a center under subparagraph (A) of this paragraph
unless the Administrator, upon the recommendation of the Chief
Medical Director, determines that the facility has (or may reasonably
be anticipated to develop)—
"(i) an arrangement with an accredited medical school which
provides education and training in geriatrics and with which
such facility is affiliated under which residents receive education
and training in geriatrics through regular rotation through such
center and through nursing home, extended care, or domiciliary
units of such facility so as to provide such residents with training
PUBLIC LAW 96-330—AUG. 26, 1980 94 STAT. 1049
in the diagnosis and treatment of chronic diseases of older
individuals, including cardiopulmonary conditions, senile
dementia, and neurological disorders;
"(ii) an arrangement under which nursing or allied health
personnel receive training and education in geriatrics through
regular rotation through nursing home, extended care, or domi-
ciliary units of such facility;
"(iii) the ability to attract the participation of scientists who
are capable of ingenuity and creativity in health-care research
efforts;
"(iv) a policymaking advisory committee composed of appropri-
ate health-care and research representatives of the facility and of
the affiliated school or schools to advise the directors of such
facility and such center on policy matters pertaining to the
activities of such center during the period of the operation of
such center; and
"(v) the capability to conduct effectively evaluations of the
activities of such center.
"(D) Prior to providing funds for the operation of any such center at
a health-care facility other than a health-care facility designated
under subparagraph (B)(i) of this paragraph, the Administrator shall
assure that the center at each facility designated under such subpara-
graph is receiving adequate funding to enable such center to function
effectively in the areas of geriatric research, education, and clinical
activities.
"(2)(A) The Administrator shall establish in the Department of Geriatrics and
Medicine and Surgery a Geriatrics and Gerontology Advisory Com- Gerontology
Advisory
mittee (hereinafter in this subsection referred to as the 'Committee'). Committee.
The membership of the Committee shall be appointed by the Admin- Membership.
istrator, upon the recommendation of the Chief Medical Director, and
shall include individuals who are not employees of the Federal
Government and who have demonstrated interest and expertise in
research, education, and clinical activities related to aging and at
least one representative of a national veterans' service organization.
The Administrator, upon the recommendation of the Chief Medical
Director, shall invite representatives of other appropriate depart-
ments and agencies of the United States to participate in the
activities of the Committee and shall provide the Committee with
such staff and other support as may be necessary for the Committee
to carry out effectively its functions under this paragraph.
"(B) The Committee shall— Functions.
"(i) advise the Chief Medical Director on all matters pertaining
to geriatrics and gerontology;
"(ii) assess, through an evaluation process (including a site
visit conducted not later than three years after the date of the
establishment of each new center and not later than two years
after the date oi the last evaluation of those centers in operation
on the date of the enactment of this subsection), the ability of
each center established under paragraph (1) of this subsection to
achieve its established purposes and the purposes of title III of
the Veterans' Administration Health-Care Amendments of 1980; Ante, p. 1048.
"(iii) assess the capability of the Veterans' Administration to
provide high quality geriatric, extended, and other health-care
services to eligible older veterans, taking into consideration the
likely demand for such services from such veterans;
"(iv) assess the current and projected needs of eligible older
veterans for geriatric, extended-care, and other health-care serv-
94 STAT. 1050 PUBLIC LAW 96-330—AUG. 26, 1980
ices from the Veterans' Administration and its activities and
plans designed to meet such needs; and
"(v) perform such additional functions as the Administrator or
Chief Medical Director may direct.
Report.
"(C)(i) Not later than April 1,1983, the Committee shall submit to
the Administrator, through the Chief Medical Director, a report with
respect to its findings and conclusions under subparagraph (B) of this
paragraph. Such report shall include—
"(I) descriptions of the operations of the centers of geriatric
research, education, and clinical activities established pursuant
to paragraph (1) of this subsection;
(II) assessments of the quality of the operations of such
centers;
"(III) an assessment of the extent to which the Veterans'
Administration, through the operation of such centers and other
health-care facilities and programs, is meeting the needs of
eligible older veterans for geriatric and extended-care and other
health-care services;
"(IV) assessments of and recommendations for correcting any
deficiencies in the operations of such centers; and
"(V) recommendations for such other geriatric, extended-care,
and other health-care services as may be needed to meet the
needs of older veterans.
Reports. Following the submission of such report, the Committee shall also
submit to the Administrator, through the Chief Medical Director,
such further reports as the Committee considers appropriate with
respect to the matters described in clauses (I) through (V) of the
preceding sentence.
Report to "(ii) Not later than ninety days after receipt of a report submitted
congressional under division (i) of this subparagraph, the Administrator shall
committees.
transmit such report, together with the Administrator's comments
and recommendations thereon, to the appropriate committees of the
Congress.
Appropriation "(3) There are hereby authorized to be appropriated for the basic
authorization. support of the research and education activities of the centers of
geriatric research, education, and clinical activities established pur-
suant to paragraph (1) of this subsection $10,000,000 for fiscal year
1981 and $25,000,000 for each of the next three fiscal years. The Chief
Medical Director shall allocate to such centers from other funds
appropriated generally for the Veterans' Administration medical
care account and medical and prosthetics research account, as
appropriate, such amounts as the Chief Medical Director determines
appropriate, and, with respect to fiscal year 1984, as the Chief
Medical Director determines appropriate after taking into account
the report submitted by the Committee under paragraph (2) of this
subsection.
Funding. "(4) Activities of clinical and scientific investigation at each center
established under paragraph (1) of this subsection shall be eligible to
compete for the award of funding from funds appropriated for the
Veterans' Administration medical and prosthetics research account
and shall receive priority in the award of funding from such account
insofar as funds are awarded to projects for research in geriatrics and
gerontology.".
ASSISTANT CHIEF MEDICAL DIRECTOR
38 u s e 4103. SEC. 303. Section 4103(a)(4) is amended by adding at the end the
following new sentence: "One Assistant Chief Medical Director shall
PUBLIC LAW 96-330—AUG. 26, 1980 94 STAT. 1051
be a qualified physician trained in, or having suitable extensive
experience in, geriatrics who shall be responsible to the Chief Medical
Director for evaluating all research, educational, and clinical health-
care programs carried out in the Department in the field of geriatrics
and who shall serve as the principal advisor to the Chief Medical
Director with respect to such programs.".
EFFECTIVE DATE
SEC. 304. (a) The amendments made by sections 302 and 303 shall 38 use 4ioi
take effect on October 1,1980. "°*^
(b) The Geriatrics and Gerontology Advisory Committee required 38 use 4ioi
to be established by the Administrator in the Department of Medi- "°*®-
cine and Surgery of the Veterans' Administration pursuant to
subsection (f)(2)(A) of section 4101 of title 38, United States Code, as
added by section 302, shall be established not later than January 1,
1981.
TITLE IV—MISCELLANEOUS AMENDMENTS
STANDARDS FOR PRESUMPTION OF INABILITY TO DEFRAY MEDICAL
EXPENSES
SEC. 401. (a) Section 622 is amended to read as follows:
"§ 622. Evidence of inability to defray necessary expenses 38 use 622.
"For the purposes of sections 610(a)(1)(B), 610(b)(2), 624(c), and
632(a)(2) of this title, the fact that an individual is— 38 ^se 6io, 624,
"(1) eligible to receive medical assistance under a State plan
approved under title XIX of the Social Security Act (42 U.S.C.
1396etseq.);
"(2) a veteran with a service-connected disability; or
"(3) in receipt of pension under any law administered by the
Veterans' Administration;
shall be accepted as sufficient evidence of such individual's inability
to defray necessary expenses.".
(b) The item relating to such section in the table of sections at the
beginning of chapter 17 is amended to read as follows:
"622. Evidence of inability to defray necessary expenses.".
REVOLVING SUPPLY FUND
SEC. 402. (a) Section 5021(a) is amended— 93 Stat. 61.
(1) by inserting after "direct" in clause (2) "cost (which may be ^^ ^^^ ^^^^•
based on the cost of recent significant purchases of the equip-
ment or supply item involved)"; and
(2) by striking out the second sentence in such section and
inserting in lieu thereof the following:
"At the end of each fiscal year, there shall be covered into the
Treasury of the United States as miscellaneous receipts such
amounts as the Administrator determines to be in excess of the
requirements necessary for the maintenance of adequate inventory
levels and for the effective financial management of the revolving
supply fund.".
(b) The amendments made by subsection (a) shall take effect as of Effective date.
October 1,1979. 38 use 5021
note.
94 STAT. 1052 PUBLIC LAW 96-330—AUG. 26, 1980
MANAGEMENT OF REAL PROPERTY
38 u s e 5022. SEC. 403. (a) Section 5022(a) is amended by inserting "(1)" after "(a)"
and by adding at the end thereof the following new paragraph:
Report to "(2)(A) Before entering into a transaction described in subpara-
congressional
committees. graph (B) of this paragraph with respect to any real property owned
by the United States and administered by the Veterans' Administra-
tion which has an estimated value in excess of $50,000, the Adminis-
trator shall submit a report of the facts concerning the proposed
transaction to the Committees on Veterans' Affairs of the Senate and
House of Representatives, and such transaction may not then be
entered into until after the expiration of 30 days from the date upon
which the report is submitted.
Transfer of "(B) Subparagraph (A) of this paragraph applies to (i) any transfer
interest.
of an interest in real property to another Federal agency or to a State
(or any political subdivision of a State), and (ii) any report to a Federal
disposal agency of excess real property.
"(C) A statement in an instrument of conveyance, including a lease,
that the requirements of this paragraph have been met, or that the
conveyance is not subject to this paragraph, is conclusive for the
purposes of all matters pertaining to the ownership of any right or
interest in the property conveyed by such instrument.".
38 u s e 5070. (b) Section 5070(e) is amended by inserting a comma and "but no
such lease may be for a period of more than 50 years" before the
period at the end of the second sentence of such section.
NUMBER OF BEDS REQUIRED TO PROVIDE ADEQUATE NURSING HOME
CARE IN STATE HOME FACILITIES
38 use 5034. SEC. 404. Section 5034(1) is amended by striking out the comma and
"which number" and all that follows in such section and inserting in
lieu thereof a period.
REPEAL OF REQUIREMENT THAT RECIPIENTS OF HEALTH-CARE PERSONNEL
TRAINING GRANTS MUST INCREASE NUMBER OF INDIVIDUALS RECEIV-
ING TRAINING
38 use 5093. SEC. 405. Section 5093(b)(1) is amended by striking out "and will
result" and all that follows through "training at such institution".
AVAILABILITY OF FUNDS FOR BENEFICIARY TRAVEL
38 use 111 note. SEC. 406. No provision of law enacted after the date of the
enactment of this Act which imposes any restriction or limitation on
the availability of funds for the travel and transportation of officers
and employees of the executive branch of the Government and their
dependents, or on the transportation of things of such officers and
employees and their dependents, shall be applicable to the travel of
eligible veterans, dependents, or survivors, for which reimbursement
38 use 101. is authorized under title 38, United States Code, pursuant to the
38 use 111. terms and conditions of section 111 of such title, unless such provision
is expressly made applicable to the travel of such veterans, depend-
ents, or survivors.
PUBLIC LAW 96-330—AUG. 26, 1980 94 STAT. 1053
EXTENSION OF TIME FOR SUBMISSION OF REPORT ON HOSPITAL CARE AND
MEDICAL SERVICES FURNISHED IN THE COMMONWEALTH OF PUERTO
RICO AND THE VIRGIN ISLANDS
SEC. 407. Section 8(a) of the Veterans' Administration Programs
Extension Act of 1978 (Public Law 95-520; 92 Stat. 1822) is amended 38 use 601 note.
by striking out "February 1, 1980" and inserting in lieu thereof
"February 1,1981".
T E C H N I C A L AMENDMENTS
SEC. 408. Section 4101(b) is amended by striking out "manpower" 38 USC 4101.
both places it appears and inserting in lieu thereof "personnel".
THOMAS P. O'NEILL, J R .
Speaker of the House of Representatives.
WALTER F . MONDALE
Vice President of the United States and
President of the Senate.
IN THE HOUSE OF REPRESENTATIVES, U.S.,
August 26, 1980.
The House of Representatives having proceeded to reconsider the
bill (H.R. 7102) entitled "An Act to amend title 38, United States
Code, to promote the recruitment and retention of physicians, den-
tists, nurses, and other health-care personnel in the Department of
Medicine and Surgery of the Veterans' Administration, and for other
purposes", returned by the President of the United States with his
objections, to the House of Representatives, in which it originated, it
was
Resolved, That the said bill pass, two-thirds of the House of
Representatives agreeing to pass the same.
EDMUND L. HENSHAW, J R .
Clerk.
By Thomas E. Ladd
Assistant to the Clerk.
I certify that this Act originated in the House of Representatives.
EDMUND L. HENSHAW, JR.
Clerk.
By W. Raymond Colley
Deputy Clerk.
94 STAT. 1054 PUBLIC LAW 96-330—AUG. 26, 1980
IN THE SENATE OF THE UNITED STATES,
August 26 (legislative day, June 12), 1980.
The Senate having proceeded to reconsider the bill (H.R. 7102)
entitled "An Act to amend title 38, United States Code, to promote
the recruitment and retention of physicians, dentists, nurses, and
other health-care personnel in the Department of Medicine and
Surgery of the Veterans' Administration, and for other purposes",
returned by the President of the United States with his objections, to
the House of Representatives, in which it originated, and passed by
the House of Representatives on reconsideration of the same, it was
Resolved, That the said bill pass, two-thirds of the Senators
present having voted in the affirmative.
Attest:
J . S. KiMMITT
Secretary.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96-958 (Comm. on Veterans' Affairs).
SENATE REPORT No. 96-747 accompanying S. 2534 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD, Vol. 126 (1980):
May 19, 20, considered and passed House.
June 5, considered and passed Senate, amended, in lieu of S. 2534.
July 31, House concurred in Senate amendment with an amendment.
Aug. 1, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 34:
Aug. 22, vetoed; Presidential message.
CONGRESSIONAL RECORD, Vol. 126 (1980):
Aug. 26, House and Senate overrode veto.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 35:
Aug. 26, Presidential statement.